ASSEMBLY, No. 62

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblyman KAVANAUGH

 

 

An Act prohibiting surrogate parenting agreements for consideration and amending P.L.1977, c.367.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. Section 2 of P.L.1977, c.367 (C.9:3-38) is amended to read as follows:

    2. For the purposes of this act:

    a. "Approved agency" shall mean a nonprofit corporation, association or agency, including any public agency, approved by the Department of Human Services for the purpose of placing children for adoption in New Jersey;

    b. "Child" shall mean a person under 18 years of age;

    c. "Custody" shall mean the general right to exercise continuing control over the person of a child derived from court order or otherwise;

    d. "Guardianship" shall mean the right to exercise continuing control over the person or property or both of a child which includes any specific right of control over an aspect of the child's upbringing derived from court order;

    e. "Guardian ad litem" shall mean a qualified person, not necessarily an attorney, appointed by the court under the provisions of this act or at the discretion of the court to represent the interests of the child whether or not the child is a named party in the action;

    f. "Parent" shall mean a natural parent or natural parents, including the natural father of the child born out of wedlock who has acknowledged the child or to whom the court has ordered notice to be given, or a parent or parents by adoption;

    g. "Placement for adoption" shall mean the transfer of custody of a child to a person for the purpose of adoption by such person; [and]


    h. "Plaintiff" shall mean a prospective parent or parents who have filed a complaint for adoption; and

    i. "Surrogate parenting agreement" shall mean an agreement whereby a woman agrees to be artificially inseminated, bear a child and relinquish all rights regarding that child to the donor of semen.

 

    2. Section 18 of P.L.1977, c.367 (C.9:3-54) is amended to read as follows:

    18. a. No person, firm, partnership, corporation, association or agency shall make, offer to make or assist or participate in any placement for adoption or a surrogate parenting agreement and in connection therewith:

    (1) Pay, give or agree to give any money or any valuable consideration, or assume or discharge any financial obligation; or

    (2) Take, receive, accept or agree to accept any money or any valuable consideration.

    b. The prohibition of subsection a. shall not apply to the fees or services of any approved agency in connection with a placement for adoption, nor shall such prohibition apply to the payment or reimbursement of medical, hospital or other similar expenses incurred in connection with the birth or any illness of the child, or to the acceptance of such reimbursement by a parent of the child.

    c. Any person, firm, partnership, corporation, association or agency violating this section shall be guilty of a [high misdemeanor] crime of the third degree.

 

    3. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill amends P.L.1977, c.367 to include surrogate parenting agreements within the prohibition against "baby selling" found in the New Jersey adoption statutes. The bill provides that any person who participates in such an agreement and in connection therewith pays, gives or agrees to give any money or any valuable consideration, or assume or discharge any financial obligation, or who takes, receives, accepts or agrees to accept any money or any valuable consideration shall be guilty of a crime of the third degree. A third degree crime is punishable by a fine up to $7,500.00, three to five years in jail, or both.

    This prohibition shall not apply to the payment of medical expenses incurred in connection with the birth or any illness of the child, or the acceptance of such reimbursement by a parent of the child.


 

Prohibits surrogate parenting agreements for consideration as a crime of the third degree.